SC Further Extends Period of Limitation

Our undertakings for long-term impact are an organic extension of our purpose.

They are to employ our deep knowledge of the law beyond the business, the transaction, the deal. To use the opportunities and skills we possess, to reflect on the culture we’re creating. Individually and collectively, these are our efforts to help shape the thinking of our future generations, and arm them with strategies for true, sustainable growth.

Mar 31, 2022

SC Further Extends Period of Limitation

The Supreme Court (‘SC’) by its Order dated January 10, 2022, in In Re: Cognizance for Extension of Limitation^[1] has inter alia provided that:

For computing the period of limitation under any general or special laws in respect of all judicial and quasi – judicial proceedings, the period from March 15, 2020, till February 28, 2022 will stand excluded;
In cases where the limitation period would have expired between March 15, 2020, till February 28, 2022, limitation period would be deemed to be 90 days from March 01, 2022, notwithstanding the actual balance period of limitation remaining. If the actual balance period of limitation with effect from March 1, 2022 is greater than 90 days, the longer period will apply;
The period between March 15, 2020 and February 28, 2022 is also to be excluded in computing the periods prescribed under Sections 23(4) and 29A of the Arbitration & Conciliation Act, 1996 (‘Arbitration Act’), Section 12A of the Commercial Courts Act, 2015 and Provisos (b) and (c) of Section 138 of the Negotiable Instruments Act, 1881; and
The aforesaid directions are also applicable for any other laws which prescribe a period(s) of limitation for instituting proceedings, outer limits (within which the Court or Tribunal can condone delay), and termination of proceedings.

[1] In Re: Cognizance for Extension of Limitation, Misc. Application No. 21 of 2022 in Misc. Application No. 665 of 2021 in Suo Motu Writ Petition (C) No. 3 of 2020.

DISCLAIMER

These are the views and opinions of the author(s) and do not necessarily reflect the views of the Firm. This article is intended for general information only and does not constitute legal or other advice and you acknowledge that there is no relationship (implied, legal or fiduciary) between you and the author/AZB. AZB does not claim that the article's content or information is accurate, correct or complete, and disclaims all liability for any loss or damage caused through error or omission.